20160907 TZCA Dar es Salaam

20160907 TZCA Dar es Salaam

Applicant satisfactorily accounted for delay and demonstrated an arguable issue regarding jurisdiction of the High Court (Commercial Division). Failure to state grounds in notice of motion was not fatal as grounds were clear in affidavits. Application for extension of time was allowed.

Citation
20160907 TZCA Dar es Salaam
Parties
Applicant: Mansoor Daya Chemicals Ltd; Respondent: National Bank of Commerce
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
7 September 2016
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to File Revision
Outcome
Application allowed
Legal Topics
Extension of Time, Jurisdiction, Revision Proceedings
Source Language
English
Civil Procedure Commercial Law Extension of Time Jurisdiction Revision Proceedings

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Parties

Mansoor Daya Chemicals Ltd

Applicant

National Bank of Commerce

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time to File Revision

Legal Issues

  1. 1 Whether good cause exists for extension of time to file revision
  2. 2 Whether failure to state grounds in notice of motion is fatal
  3. 3 Whether revision is proper route instead of appeal

Ratio Decidendi

Applicant satisfactorily accounted for delay and demonstrated an arguable issue regarding jurisdiction of the High Court (Commercial Division). Failure to state grounds in notice of motion was not fatal as grounds were clear in affidavits. Application for extension of time was allowed.

Court Disposition

Application allowed

Orders

  • Time extended to applicant to file application for revision within 60 days from date of decision